On Thursday, May 11, 2006, the Board of Trustees of Nimishillen Township met in regular session at 7:00 P.M. at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present: Trustee President Todd D. Bosley, Vice President Lisa R. Shafer and Trustee Michael L. Lynch. Fiscal Officer Carlene Harmon was absent.
Trustee President Todd D. Bosley called the meeting to order at 7:00 PM and led the staff and audience in the pledge of allegiance.
INVOCATION:
Reverend Dr. Kline Roberts from Paradise Church gave the invocation before tonight’s meeting.
GUEST SPEAKER(S):
Michael G. Snyder, Director of the Louisville Public Library, introduced Larry Corbus, Library Consultant from Cleveland, Ohio. The topic was ‘Library Futures Focus Group’. Mr. Corbus stated he was speaking tonight on the future of the library more or less taking a survey on the library’s future. There were questions asked by Mr. Corbus with answers and comments from the staff, students in attendance and other audience members.
8535 Georgetown:
Ken Carter, Chief Surveyor from the Stark County Engineers’ Office, spoke on the Georgetown Street situation giving clarification on the township’s responsibility for the road and what type of road it is giving it’s history from the 1800’s to present.
In late 1997, the Stark County Engineers Department took it before the Commissioners to vacate it but there were some problems and the vacation was denied. He said both Mr. Beck (on the west side) and Mr. Harsh (on the east side) access this as a driveway. The Board of Commissioners are the only ones who have the right to vacate a road.
Mr. Carter said there is a road out there in the form of a dedicated right of way. He commented on the following:
· Has the road been approved? Per Mr. Carter – no – not the whole length
· Has it been maintained continuously by the township? To the best of his knowledge – no
· Do the individuals have a right to access this? The landowners and public – no – but fire protection up and down the road, in his opinion, yes
More questions, answers and discussion followed.
Mr. Bosley asked Mr. Lasure to check with the Stark County Prosecutor to see what options there are on the Georgetown situation, whether to make it a private road to be worked out between Mr. Beck and Mr. Harsh and to set up a meeting between Mr. Beck and Mr. Harsh.
Fairhope Ditch Project:
Resident Rich Savage stepped to the podium stating CT Consultants and Nickel Excavating have not properly taken care of the restoration of his property and wants a deadline to have his property fixed now. After discussion, it was suggested that Mr. Savage call Mr. Jeff Dutton at the Stark County Commissioners’ Office. Mr. Bosley asked Mr. Lasure to write a letter to Rob Graham at CT Consultants requesting a meeting with the trustees and excavation asking for an absolute deadline, weather permitting, to restore Mr. Savage’s property. More discussion followed.
Nimishillen Township Board of Trustees
May 11, 2006 (Cont.)
8:00 PM:
The Louisville High School Government Class students were dismissed, and the Elected Officials signed their papers.
The sealed road material bids were opened and read by the Trustees. (Copy attached) Mr. Bosley said they will submit them to the Road Superintendent for his review and award the contract at the May 25th, 2006 Trustees Meeting.
FIRE DEPARTMENT: (Chief Rich Peterson)
Pancake Breakfast: Chief Peterson thanked those who attended the pancake breakfast stating they served approximately 750 residents.
Station No. 3 Construction Update: Yesterday was the end of the seven-day notice sent to the contractors. At this point, the punch list needs to be reviewed to see how much work has been completed and make a determination on issuing the three-day final notice. Discussion followed.
Hiring Attorney for Station No. 3: After discussion regarding hiring private legal counsel for Station No. 3, Mrs. Shafer moved to hire Attorney Allen Schulman for Nimishillen Township Fire Station No. 3 in the amount of $5,000, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-155
Resignations: Mrs. Shafer moved to accept the resignations of Nimishillen Township Fire Department Personnel, Meghan Ford and Craig Frank, effective immediately, seconded by Mike Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-156
Disaster Drill on May 17, 2006: Chief Peterson said they will be participating in a disaster drill at the Akron/Canton Airport with the City of Greene, Jackson Township and Stark and Summit County Emergency Operation Centers. It will be a pretty good evaluation this year. Instead of just having a bunch of victims transported to the hospitals, there will be live fire training and much more.
Combat Challenge Assessments:
Chief Peterson announced the combat challenge assessments would be held at Stark State College this coming Saturday and Sunday from 8 AM to Noon. He invited the Board members to take the challenge or at least come and watch.
ROAD DEPARTMENT: (Superintendent Chris Peterson)
Set Work Session with Ken Carter: A work session was set for Thursday, June 1, 2006 at 6:00 PM at Fire Station No. 2 to discuss township road right of ways.
Angelo Ziccardi – 6139 Pilotview – Drainage Problem and Cathy Whitmire – 4185 Addison – Drainage Problem: After discussion, the Board agreed to move forward on these two drainage problems and asked Chris Peterson to schedule them.
Francesca Ditch Project: After discussion, the Board asked Chris Peterson to write a letter to the residents on Francesca asking them if they are or are not in favor of this project and break down the cost to each resident. Mr. Peterson is also working on revising our current Work Agreement Form. Discussion was also held on policy for this type of work.
Nimishillen Township Board of Trustees
May 11, 2006 (Cont.)
Road Report: Mrs. Shafer moved to approve the written Road Report for May 11, 2006, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-157
ZONING DEPARTMENT: (Keith Lasure)
Zoning Report for Stark County Auditor: Mrs. Shafer moved to approve the April 2006 Zoning Report for the Stark County Auditor, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-158
Bids for Tear Down and Clean Up of the Clark Residence on Willow: Mr. Lasure reported he only received one of three bids he requested. After discussion, Mrs. Shafer moved to approve the demolition and clean up of the Clark residence on Willow Street not to exceed $5,600.00, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. RES#06-159
Zoning Report: Mrs. Shafer moved to approve the written Zoning Report for May 11, 2006, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-160
EPA REPORT: (Keith Lasure)
Mr. Lasure reported seven letters were sent to residents on Oakridge regarding debris being dumped in the creek. There are still several more that need to be sent.
CONCERNS OF CITIZENS:
John & Sandy Neel of 4995 Broadway – Mr. & Mrs. Neel stepped to the podium to complain about Mr. Tim Link’s home business. Their main complaint was noise from running his saw after 11:00 PM. They also complained about smoke coming from his outdoor wood-burning furnace. Much discussion followed.
John Miller of 5373 Broadway – Commented on Mr. Links’ home business and said he has no problem with Mr. Link, said he does not run his saw late at night and said he only smells the smoke from the wood-burning furnace when his windows are open. He said Mr. Link is a good neighbor. Discussion followed.
Floyd Fernandez of 5280 Glenoak – Commented that outdoor wood-burning furnaces are nothing more than incinerators and should not be in residential areas. Discussion followed between Mr. Link and Mr. Fernandez.
Tim Link of 5103 Broadway – Mr. Link questioned why no one came and talked to him if they had a problem with his business or a problem with the smoke from his outdoor wood-burning furnace. In regards to smoke from the outdoor wood-burning furnace, Mr. Lasure asked him if he would raise the smoke stack and Mr. Link said he would. Discussion followed.
A work session was for Thursday, May 18th at 7 PM at Fire Station No. 1 to meet with Mr. Tim Link and neighbors to iron out concerns with Mr. Links’ home business.
Terri Huckels of 8730 Easton – Commented that she doesn’t understand why the township would agree to do piping projects and these projects should only be done if it is detrimental to township roads, spoke on the Francesca Ditch Project stating there is raw sewage running in the ditch and the road crew should not be working in raw sewage – Mr. Lasure said he would check it out, spoke on the open ditch policy and said when the weather is bad, the road crew should be
Nimishillen Township Board of Trustees
May 11, 2006 (Cont.)
working on equipment and not sitting around playing cards. Mr. Bosley asked for proof of this and said unless she had proof and could name who told her this, then she should not make these accusations.
Timothy Barr of 5210 Peach – Brought a sample of a solid, white substance he found in the creed by his house and asked Mr. Lasure to have it tested.
Pan Aslanides of 5601 Eastview – Asked who was in charge of Nimishillen Township Welcome Signs. Discussion followed. Mr. Peterson is to check on this.
CONCERNS OF TRUSTEES:
Township Insurance: After discussion, Mrs. Shafer moved to renew the Township Insurance with Leonard Insurance for the year 2006, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-161
Pipe for Jeffries:
Due to the fact that Mr. Bosley rents from Mr. Jeffries, he has chosen to abstain from any participation in the Groffre Lawsuit.
Since the Township is in Litigation with Groffre Investments, Mrs. Shafer moved to go into Executive Session at 9:25 PM to discuss the Groffre Lawsuit, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – abstained. Motion carried. RES#06-162
Mrs. Shafer moved to come out of Executive Session at 9:45 PM, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – abstained. RES#06-163
Mr. Lynch moved to bid out the pipe for the Jeffries project, seconded by Mrs. Shafer. Voting: Mr. Lynch – yes, Mrs. Shafer – yes and Mr. Bosley – abstained. Motion carried. RES#06-164
APPROVAL OF MINUTES:
Mrs. Shafer moved to approve the April 27, 2006 Minutes, as written, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-165
CONCERNS OF THE FISCAL OFFICER:
Because of Mrs. Harmon’s absence, there were no concerns of the Fiscal Officer.
APPROVE ALL PURCHASE ORDERS:
Mrs. Shafer moved to approve all Purchase Orders, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley- yes. Motion carried. RES#06-166
APPROVE FINANCIAL REPORT AND PAY BILLS:
Mrs. Shafer moved to approve the Financial Report and pay bills in the amount of $40,178.77, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-167
Nimishillen Township Board of Trustees
May 11, 2006 (Cont.)
SIGN CHECKS AND ADJOURN:
Mrs. Shafer moved to sign checks and adjourn, seconded by Mr. Lynch. Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-168
The meeting adjourned at 9:50 PM.
______________________________ __________________________________
Attest: Fiscal Officer Todd D. Bosley, President
Carlene Harmon
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Lisa R. Shafer, Vice President
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Michael L. Lynch, Trustee